Section 15 Power to require person in contact with infectious disease to discontinue employment and compensation therefor.C1
Northern Ireland
If any person is a carrier of, or has been exposed to the risk of infection from, an infectious disease,F1the Director of Public Health may, for the purpose of preventing the spread of the disease,—
request the person forthwith to discontinue any trade, business or occupation in which he is engaged; and
if that request is not complied with, serve on the person a notice in writing requiring him so to discontinue his trade, business or occupation.
If a notice served under subsection (1)( b) is not complied with, F2the Director of Public Health may apply to a resident magistrate for an order requiring the person upon whom the notice was served to discontinue forthwith any trade, business or occupation in which he is engaged.
An order made under subsection (2) shall continue in force indefinitely or until a date expressed in the order, so, however, that a resident magistrate may at any time revoke the order on the application of F3the Director of Public Health or the person affected by the order.
Where a person discontinues a trade, business or occupation in compliance with a request made or notice served under subsection (1) or an order made under subsection (2), F4the Regional Agency shall pay him compensation for any pecuniary loss suffered by him by reason of such compliance.
Where a request is made or where a notice is served under subsection (1) on a person by reason of the fact that he is deemed under section 3(2)( b) to be a carrier of an infectious disease, subsection (3) shall not apply to that person until he has complied with the order made under section 3(1) and no compensation shall be payable to him in respect of any period prior to the date on which he so complies.
Any question or dispute as to the amount of compensation payable under subsection (3) may be referred by either party toF5 an industrial tribunal.
Subs.(7) rep. by 1972 NI 14
Annotations
Textual amendments
- F1
Words in Act substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 2(1); S.R. 2009/114, art. 2
- F2
Words in Act substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 2(1); S.R. 2009/114, art. 2
- F3
Words in Act substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 2(1); S.R. 2009/114, art. 2
- F4
Words in Act substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 2(2); S.R. 2009/114, art. 2
- F5
Modifications
- C1
S. 15 applied (29.10.2013) by S.R. 2008/280 (as inserted by Social Security (Miscellaneous Amendments No. 2)) Regulations (Northern Ireland) 2013 (S.R. 2013/246), reg. 11(7)(e)